Abdul Gafoor.B vs Authorized Officer
2023 Latest Caselaw 382 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                         WP(C) NO. 450 OF 2023
PETITIONER/S:

          ABDUL GAFOOR.B
          AGED 46 YEARS
          SON OF ABDU KHADER BEARY,
          BALANADUKKAM HOUSE, MULIYAR.P.O,
          KASARAGOD TALUK, KASARAGOD DISTRICT., PIN - 671542
          BY ADV A.ARUNKUMAR


RESPONDENT/S:

    1     AUTHORIZED OFFICER
          STATE BANK OF INDIA, RASMEC,
          RAMNAGAR ROAD, KANHANGAD, KASARAGOD., PIN - 671315
    2     STATE BANK OF INDIA SBI
          REPRESENTED BY ITS BRANCH MANAGER,
          RAILWAY STATION ROAD BRANCH, KASARAGOD DISTRICT, PIN -
          671551
          ADV. BINDUMOL JOSEPH(SC)
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 450 OF 2023                  2



                                  JUDGMENT

Petitioner has approached this Court, challenging

proceedings initiated by the respondent Bank under the

provisions of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act,

for recovery of the amounts due from the petitioner.

2. Learned counsel appearing for the petitioner

submits that the petitioner availed a housing loan from the

respondent bank, but he could not repay that loan because

of financial crisis. During the course of hearing, petitioner

has confined the relief to an opportunity for repaying the

liability in instalments.

3. Learned counsel appearing for the respondent

bank submits that this writ petition is technically not

maintainable as the petitioner had earlier approached this

Court by filing a writ petition and this Court permitted the

petitioner to pay the overdue amount in instalments. It is

submitted that the writ petition was disposed of in the year

2016 itself and the petitioner has not remitted a single

penny towards the loan liability after the disposal of the writ

petition in the year 2016. It is submitted that

notwithstanding the above, the bank is willing to accept the

the entire outstanding amount towards the liability, as on

today, in some instalments. According to the learned

counsel appearing for the respondent, as of now, balance

amount which is liable to be repaid is Rs.9,04,692/- (Rupees

Nine lakhs four thousand six hundred and ninety two only).

4. I have heard the learned counsel for the

petitioner as well as the learned counsel appearing for the

respondent.

5. Having regard to the circumstances of the case and

the situation now prevailing, apart from the submissions

made as recorded above, I am of the view that the petitioner

can be granted an opportunity to repay the outstanding

amount in twelve instalments.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire

outstanding amount of Rs.9,04,692/- (Rupees Nine lakhs

four thousand six hundred and ninety two only) along with

accrued interest and bank charges from the petitioner in the

following manner:

(i) The outstanding amount of Rs.9,04,692/- (Rupees Nine lakhs four thousand six hundred and ninety two only)shall be repaid in twelve equated monthly instalments along with any accrued interest/costs;

(ii) The first instalment shall be paid on or before 31.01.2023 and the subsequent instalments shall be paid on or before the last working day of the succeeding months;

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law;

(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 450/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT HAS ISSUED NOTICE DATED 28-07-2022 UNDER SECTION 13(4) OF THE SARFEASI ACT Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 03-09-2022 SHOWING THE PAYMENT Exhibit P3 A TRUE COPY OF THE NOTICE DATED 10-11-2022 ISSUED BY THE ADVOCATE COMMISSIONER